Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Proposed Legislation

Dáil Éireann Debate, Tuesday - 10 December 2013

Tuesday, 10 December 2013

Ceisteanna (70)

Pádraig MacLochlainn

Ceist:

70. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when he plans to bring the mediation Bill before Dáil Éireann and if his attention has been drawn to the urgency of this Bill for many families across the State. [52792/13]

Amharc ar fhreagra

Freagraí ó Béal (6 píosaí cainte)

In terms of reducing costs, this Bill is even more important than the Legal Services Regulation Bill, because it should encourage those in conflict over issues of family law or civil law to engage in mediation at an early stage rather than incurring the excessive costs of going through the courts. What are the Minister's plans and how can we move this on?

I intend to publish the Bill early next year. The Bill, which is currently at an advanced stage of drafting, will promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes. It will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving the matter before embarking on such proceedings. It will also provide that a court may, following the commencement of any such proceedings, on its own initiative invite parties to consider the mediation option and suspend the proceedings to facilitate such a process.

I am at present giving consideration to the possible inclusion in the legislation of an overarching governance structure for the mediation sector. The Deputy may recall that this matter was raised by the Oireachtas Joint Committee on Justice, Equality and Defence in its constructive report on the general scheme of the Bill. Such a representative structure could, for example, play an important role in the promotion of mediation as an alternative to court proceedings and in the development of codes of practice for the sector. A number of mediation bodies have made submissions on mediation regulation and standards in the context of the future legislation and I shall have regard to the various views expressed when finalising the Bill for publication.

The Minister will agree that the sooner this is under way the better. Right now the courts system is clogged up, which increases the sense of dispute and grievance between the various parties. In family law cases children can be caught into it, as the anger, resentment and hurt continues for people beyond the point that it should or is necessary. The legal fraternity has, unfortunately, benefited because the longer these cases drag on awaiting court hearing dates, the greater the level of dispute and the more those lawyers get paid. In some cases they get rewarded for not resolving the matters, which is what they should do. I am referring to some solicitors, but not all. We need to clear that out and give people a better avenue for resolving their differences.

On this issue the Deputy is preaching to the converted. I should make a declaration of interest, in that I am a qualified mediator. My view of the world is that far too many disputes end up in court hearings or are resolved outside the doors of the courts, after people have incurred very substantial expense, that could be dealt with at an earlier stage through the assistance of mediation. When enacted, the legislation is designed to ensure that mediation has a higher profile, that lawyers encourage people at an early stage to go to mediation rather than go to court and that we have a structure that is applicable to the varied types of dispute that substantially end up being dealt with in our court system. As the Deputy knows, the advantage with mediation is that it is a great deal less expensive than litigation.

I look forward to the enactment of the Bill in 2014. I do not want to give an exact date for its publication because, as is always the case, I am dependent on the technical drafting being completed in the Office of the Attorney General. However, I am optimistic that we will have the Bill in the first half of next year and enacted during next year. It will be a significant step in the right direction in trying to encourage people to litigate considerably less and to engage and negotiate more when disputes and difficulties arise.

We are on the same page on this. There have been problems in clearing Bills through the Office of the Attorney General. While I accept the Legal Services Regulation Bill is very large, it has run on and on. I am absolutely certain the Minister will have full support across the House. I ask the Minister to exercise whatever influence he has in government in prioritising Bills to ensure the Bill is passed in 2014.

That would be an even greater service to people in conflict in court than the Legal Services Regulation Bill.

Both Bills will be passed in 2014 and the Legal Services Regulation Bill should be enacted during the first half of 2014. We will publish the amendments to that Bill very soon. As Deputy Niall Collins knows, we originally hoped to continue Committee Stage in December. The good news is that this is now scheduled for 15 and 16 January 2014, immediately following our return from the Christmas vacation. The Deputies will shortly have sight of the amendments and the related back-up documentation requested in respect of the Bill. I expect that in 2014 both Bills will be enacted.

Barr
Roinn